Federal judge dismisses Dallas Cowboys from Super Bowl ticket lawsuit

The Dallas Cowboys were dismissed Thursday from a federal lawsuit seeking compensation for seating troubles at the 2011 Super Bowl in Arlington. Parts of the litigation, however, will continue against the National Football League.

U.S. District Judge Barbara Lynn’s ruling removed the team as a defendant, noting the tickets were a contract between the buyers and the NFL, and not the Cowboys. The plaintiffs can continue suing the league for breach of contract, and those with obstructed-view seats can continue pursuing claims of fraudulent inducement.

The lawsuit was filed days after Super Bowl XLV. More than 1,000 temporary seats couldn’t be completed in time for kickoff. That forced some to watch the game from standing-room-only areas or from seats other than ones they purchased while others were delayed getting into Cowboys Stadium.

Brett Daniels, a Cowboys spokesman, declined to comment on the ruling. He referred all questions to the NFL.

A written statement from the league expressed satisfaction that Lynn dismissed most of the lawsuit’s claims.

“The court’s ruling threw out all claims brought on behalf of those fans who were eligible for the NFL’s voluntary reimbursement offers except for a breach of contract claim,” the NFL statement said. “We continue to believe that the offers made to these ticketholders meet or exceed what they could be entitled to under the law. In fact, the vast majority of these fans accepted the NFL’s offers long ago.”

The plaintiffs’ lead attorney, Michael Avenatti of Eagan Avenatti LLP, highlighted in his statement the fact that the lawsuit will continue.

“The court rejected the NFL’s argument that there is no legitimate claim that the NFL committed fraud against any of its fans,” he wrote. “We look forward to presenting extensive evidence of the NFL’s fraud against its fans, and its breach of contract with the fans, to a jury. The law is clear, you cannot sell seats that do not exist nor can you defraud your fans by selling them first-class seats when you know those seats are in reality located behind concrete pillars and posts.”

In a previous interview, Avenatti also disputed the NFL’s claim that a “vast majority” of fans had accepted the league’s offer. He said fans with obstructed-view seats were not offered any compensation.

In Thursday’s ruling, claims of fraudulent concealment, negligent misrepresentation, violation of the Texas Deceptive Trade Practices Act and some claims of fraudulent inducement against the NFL were dismissed.

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